Unpaid Overtime Lawyer

What is unpaid overtime?

Unpaid overtime is when an employer fails to pay the legally required rate — usually time-and-a-half — for hours worked beyond 40 in a week. It affects hourly and salaried workers alike, and it often happens because employers misclassify workers as “exempt” when they’re not.

Unpaid overtime usually isn’t announced — it’s built into how you’re paid.

How unpaid overtime shows up at work

You’re told salaried workers don’t get overtime
Your hours over 40 are paid at your regular rate, not time-and-a-half
You’re misclassified as “exempt” when your job doesn’t qualify
Your overtime hours are quietly edited out of your timesheet
You’re pressured to work extra without recording it
You’re given “comp time” instead of the overtime pay you’re owed
Your bonuses and incentives aren’t factored into your overtime rate
You work through lunch but it’s counted as a break

Federal and state protections

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Overtime pay is required under both federal and state law.

Federal

The Fair Labor Standards Act (FLSA) requires most employers to pay non-exempt workers time-and-a-half their regular rate for every hour worked over 40 in a week. It also sets the rules for who qualifies as exempt and how the overtime rate is calculated, including bonuses and incentive pay.

Minnesota

Minnesota law also requires overtime pay and, in some situations, provides protections alongside the FLSA. Minnesota’s rules can differ from federal law on when overtime applies, which means some workers are covered under state law even where federal law is unclear.

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Illinois

The Illinois Minimum Wage Law requires overtime pay of time-and-a-half for hours worked over 40 in a week, mirroring and reinforcing federal protections. Illinois enforces these rules with its own penalties for employers who fail to pay proper overtime.

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Not sure which law applies to your situation? That’s what we figure out with you.

Being paid a salary doesn’t mean you’re not owed overtime

This is the single biggest misconception in wage law. Whether you’re exempt from overtime doesn’t come down to whether you’re paid hourly or salary — it depends on two things: how much you’re paid, and what you actually do all day.

Many workers with impressive titles — “manager,” “coordinator,” “specialist,” “assistant” — are legally entitled to overtime because their real, day-to-day duties don’t meet the legal test for exemption. Employers sometimes use a title or a salary to avoid paying overtime they legally owe.

You may be owed overtime even if

You’re paid a salary
Your title includes “manager” or “supervisor”
You signed something agreeing you’re exempt
You’ve never been paid overtime before

If you’re not sure whether you’re properly classified, that’s exactly the kind of thing we figure out with you — for free.

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When overtime goes unpaid, the law often lets you recover more than just the missing wages:

The unpaid overtime you earned
Liquidated damages — often equal to the unpaid amount, effectively doubling itInterest on what you’re owed
Penalties against the employer
Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

Wanta Thome partners and legal team standing together outdoors — *Prior results do not guarantee a similar outcome.

How we handle unpaid overtime cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about unpaid overtime

How do I know if I’m owed overtime?

If you work more than 40 hours in a week and aren’t paid time-and-a-half, you may be owed overtime — even on salary. The key question is whether your job is legally “exempt,” which depends on your pay and your actual duties, not your title. We can help you figure it out.
My employer says I’m not eligible because I’m salaried. Is that true?

Not necessarily. Salary alone doesn’t make you exempt. Exemption depends on how much you earn and what your job actually involves day to day. Many salaried workers are misclassified as exempt and are legally owed overtime for every hour past 40.
How is my overtime rate calculated?

Overtime is generally one-and-a-half times your “regular rate” — which can include more than your base hourly pay. Certain bonuses, commissions, and incentive pay may have to be factored in, which means your true overtime rate is sometimes higher than employers calculate.
How far back can I claim unpaid overtime?

Federal claims generally reach back two years, or three for willful violations, with state deadlines that can differ. Because older wages drop off as time passes, the sooner you act, the more you may be able to recover.
Can I be fired for asking about unpaid overtime?

No. Retaliating against you for asking about or claiming unpaid overtime is illegal. If your employer cut your hours, demoted you, or fired you after you raised it, that’s a separate violation that can add to your case.

See all unpaid wages FAQs

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Common questions

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How much does it cost to hire an overtime lawyer?

For most cases, nothing upfront. We work on contingency, and in many overtime cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.

Do I need proof of my hours to make a claim?

It helps, but you’re not out of luck without it. Employers are legally required to keep accurate time records, and when they don’t, the law often works in the worker’s favor. Your own notes, pay stubs, and recollection can support a claim.

What if I already left the job?

You can still claim unpaid overtime after you’ve left. As long as you’re within the legal time limit, leaving — or being fired — doesn’t erase wages you earned while you were there.

Can a group of coworkers claim unpaid overtime together?

Yes. When an employer shorts one worker on overtime, it’s usually shorting many. Overtime cases can be brought collectively, which can make them stronger and share the effort. If your coworkers are in the same boat, mention it when we talk.

Does my job title decide whether I get overtime?

No. A title like “manager” or “supervisor” doesn’t determine overtime eligibility — your actual duties and pay do. Employers sometimes use impressive titles to avoid paying overtime, but the law looks at what you really do.

Unpaid Overtime